Maine minimum wage and tip laws (2026)
In Maine, tipped workers can be paid $7.55 an hour as long as tips bring them to the $15.10 minimum. Here is what else the law says about your paycheck, with the source for each rule.
Minimum wage
The minimum wage in Maine is $15.10 an hour. It went up from $14.65 on January 1, 2026.
- Minimum wage
- $15.10
- For a 40-hour week
- $604.00
Source: 26 M.R.S. 664(1) (indexed each January 1 to CPI-W Northeast, rounded to the nearest 5 cents; $15.10 effective 1/1/2026) Read the rule
Tips and the tip credit
Employers in Maine can pay tipped workers a cash wage as low as $7.55 an hour and count up to $7.55 an hour of tips toward the $15.10 minimum. That is called a tip credit. Your cash wage plus the tips you keep must reach at least $15.10 for every hour in each workweek. If they do not, your employer has to make up the difference.
- Tips can count toward the wage
- Yes
- Tipped cash wage
- $7.55
- Maximum tip credit
- $7.55
- Employer must tell you first
- Yes
Example: 30 hours at $7.55 is $226.50 in cash wages. For those hours you are owed at least $453.00, so your tips for that week need to cover $226.50. If they come up short, the employer pays the rest. Try the tip credit calculator.
Source: 26 M.R.S. 664(2): the tip credit may not exceed 50% of the minimum hourly wage, so the direct service wage is at least $7.55 in 2026; the employer must show direct wages plus tips reach the full minimum wage. Tips are the property of the employee and may not be shared with the employer. Read the rule
Overtime
- Hours past 40 in a workweek are paid at 1.5 times your regular rate.
- Overtime rate at minimum wage
- $22.65
- Overtime cash rate with a tip credit
- $15.10
For tipped workers, overtime is figured on the full minimum wage, not the cash wage. At $15.10, that is $22.65 an hour, so with the full tip credit the overtime cash rate cannot be less than $15.10.
Source: 26 M.R.S. 664(3) (1.5 x the regular rate after 40 hours); Maine DOL minimum wage FAQ: overtime for tipped employees is calculated on the full minimum wage, not the lower direct wage, and the employer may not take a larger tip credit for an overtime hour than for a straight-time hour. Read the rule
Meal and rest breaks
- Meal break
- 30 minutes when you work more than 6 hours
- Rest break
- Not required
- Extra pay for a missed break
- No
Maine requires these breaks but does not set a fixed premium, like an extra hour of pay, when one is missed. If you work through a meal break, that time has to be paid.
Source: 26 M.R.S. 601: an employee may not work more than 6 consecutive hours without a rest period of at least 30 consecutive minutes, which may be an unpaid meal period if the employee is completely relieved of duty. Exceptions: emergencies, and small workplaces where fewer than 3 employees are on duty and the work allows frequent shorter paid breaks. No premium for a missed break. Read the rule
Paycheck deductions
Taxes and deductions you agreed to, like health insurance, are normal. These are the ones that cause trouble in restaurants and bars, and what Maine allows:
- Required uniforms
- Not allowed
- Register or cash shortages
- Not allowed
- Broken dishes or equipment
- Not allowed
- Card processing fee on card tips
- Only if pay stays above minimum
- Customers who walk out
- Not allowed
"Only if pay stays above minimum" means the deduction cannot take your pay for the week below minimum wage. For a worker paid a tipped cash wage, that usually leaves no room for a uniform, shortage, breakage or walkout deduction. A card fee works differently: only the fee on the card tip itself, taken from that tip.
Source: 26 M.R.S. 629: an employer may not require an employee to return any part of compensation except for listed debts; 'debt' excludes cash shortages, inventory shortages, dishonored checks or credit cards, damage to employer property, merchandise purchased by a customer, and uniforms, tools or protective equipment primarily for the employer's benefit. Uniform cleaning may be deducted only under a written agreement the employee elects. Read the rule
Tip pools
- Managers and owners can share in the pool
- No
- Kitchen staff can share when a tip credit is taken
- No
- Kitchen staff can share when no tip credit is taken
- Yes
In most states, an employer can require tipped staff to pool tips with others who serve customers, like bussers, runners and bartenders. Managers, supervisors and owners can never take a share. Under federal law, cooks and dishwashers can share only when the employer takes no tip credit, and some states do not allow it at all. The answers above show the rule in Maine.
Source: 26 M.R.S. 664(2-A): with a tip credit, a valid tip pool is limited to service employees; without a tip credit, a wider pool is allowed when all participants receive the full minimum wage, but the employer, supervisors and managers may never receive tips from the pool. Read the rule
Service charges
Under federal law, a mandatory service charge, like an automatic 20% on large parties, is not a tip. It belongs to the business unless it is paid out, and when it is paid to you it counts as wages. It cannot be used to cover the tip credit, and it should not be reported as tips on your stub. Some states give the charge to the staff when customers were not clearly told it is not a tip, so if a charge was presented as a gratuity, it is worth asking where it went.
Source: 26 M.R.S. 664(2-B): an employer in a banquet or private club setting that adds a service charge must notify the customer that the charge does not represent a tip for service employees, and may use some or all of the charge to meet its minimum wage obligation. Read the rule
Paid sick leave
Maine requires employers to give paid sick leave.
- You earn
- 1 hour for every 40 hours worked
- Yearly use can be capped at
- 40 hours
Source: 26 M.R.S. 637 (Earned Paid Leave, P.L. 2019 c. 156, effective 1/1/2021): 1 hour of paid leave for any reason per 40 hours worked, up to 40 hours per year; applies to employers with more than 10 employees in Maine for more than 120 days in a calendar year; employees in seasonal industries are exempt. Read the rule
What this page cannot cover
Some parts of Maine law depend on things a pay stub does not show. A TruWage result for Maine can be off if any of these apply to you:
- If you work in Portland or Rockland, the city minimum wage and tipped rate are higher than the state rates this check used, so the result may understate what you are owed.
- If you worked a banquet or private club event with a service charge and customers were not told the charge is not a tip, your employer could not use it toward your wages. This check cannot tell whether that notice was given.
- If you chose in writing to have uniform cleaning deducted from your pay, that deduction may be lawful. This check flags every uniform deduction.
If you were underpaid
Start with your manager or payroll and show them the numbers. Many mistakes get fixed that way. If it is not fixed, you can file a wage claim. It is free and you do not need a lawyer.
- Agency
- Maine Department of Labor, Bureau of Labor Standards, Wage and Hour Division
- Phone
- (207) 623-7900
Online Wage and Hour Complaint Form covers unpaid wages, earned paid leave and child labor. Mailing address: Maine Department of Labor, 54 State House Station, Augusta, ME 04333-0054.
Maine pay questions
What is the minimum wage in Maine in 2026?
The minimum wage in Maine is $15.10 an hour.
What is the tipped minimum wage in Maine?
Employers in Maine can pay tipped workers a cash wage as low as $7.55 an hour and count up to $7.55 an hour of tips toward the $15.10 minimum. That is called a tip credit. Your cash wage plus the tips you keep must reach at least $15.10 for every hour in each workweek. If they do not, your employer has to make up the difference.
How does overtime work in Maine?
Hours past 40 in a workweek are paid at 1.5 times your regular rate. For tipped workers, overtime is figured on the full minimum wage, not the cash wage. At $15.10, that is $22.65 an hour, so with the full tip credit the overtime cash rate cannot be less than $15.10.
Can my employer in Maine take money out of my check for uniforms or shortages?
No. Maine does not allow deductions for required uniforms. Shortages, breakage and walkouts have their own rules, listed in the deductions section above.
Can managers take part of the tip pool in Maine?
No. Managers, supervisors and owners cannot keep any part of employees' tips or take a share of a tip pool in Maine, even if they help serve tables.
Where do I file a wage claim in Maine?
With the Maine Department of Labor, Bureau of Labor Standards, Wage and Hour Division. Filing is free and you do not need a lawyer. The link and phone number are in the section above.
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